The city council finds and declares that the purpose of this chapter is as follows:
A. 
The general plan of the city requires that the city be provided, in a time frame related to its development, with an adequate level of traffic and circulation infrastructure so as to maintain “Level of Service C,” except where specified otherwise by the city council in accordance with policies in the general plan.
B. 
New development, and the expansion of existing development, within the city imposes a burden on the existing traffic and circulation infrastructure by adding additional traffic and by creating a need for new traffic and circulation infrastructure. Such burdens may vary by type of land use and by the location of the land use within the city.
C. 
Analysis of the land use expected at certain levels of development of the city pursuant to the general plan makes it possible to estimate the number of trips generated by different types of land uses, to analyze the traffic and circulation infrastructure or facilities necessary to support those trips, and to determine which land uses will utilize which portions of such infrastructure. It is therefore possible to construct a fee, based on trip generation, which equitably spreads the burden of traffic and circulation infrastructure or facilities to those who will create the need for them and utilize them. It is the intent of this chapter to create such a fee, spreading costs of traffic and circulation infrastructure to those who create the need for such infrastructure, without generating any surplus to the general fund. It is the further purpose of this chapter to implement the general plan by assuring that adequate public facilities are financed and provided to serve the city.
D. 
The fee established by this chapter has been calculated in the manner set forth in the study so as to pay for those facilities listed in the capital improvement program.
E. 
The fee established by this chapter is in addition to any other fees or charges required by law as a condition of development.
F. 
The fee established by this chapter is to be collected for public improvements and facilities for which an account has been established and funds appropriated, and for which a proposed construction schedule has been adopted.
G. 
That the failure to impose the conditions and regulations of this chapter relating to payment of the fee on building permits would jeopardize residents of the community, in that it would permit construction to proceed without adequate infrastructure or means of financing said infrastructure.
H. 
The requirement of this chapter to pay the fee is necessary in order to assure compliance with the applicable Zoning Ordinance and general plan requirements for the infrastructure funded by this chapter.
I. 
That for a period of greater than 10 days prior to adoption of this chapter, data has been available to the public and to developers and their representatives indicating the cost or estimated cost of all the infrastructure to be funded, the revenue sources anticipated and the means of spreading these costs.
J. 
That the city council has considered the effect of the fee imposed by this chapter with respect to the housing needs of the city as a whole and of the region, particularly as required by the housing element of the general plan, and the city council finds that this chapter does not unduly adversely affect the city’s ability to provide for such needs.
K. 
That the establishment of the fee is for the purpose of obtaining funds for capital projects, necessary to maintain service required by the general plan within existing service areas and existing portions of the city which are developed or for which land use has already been granted.
(Ord. 2177 § 1, 1989; Ord. 2856 § 1, 1995)
The following words are defined for purposes of this chapter as follows:
“Building permit”
means the permit issued or required by the city for the construction of any structure pursuant to and as defined by the building code.
“Capital improvement program”
means that list of traffic and circulation facilities, improvements, or infrastructure for year 2035 consistent with that identified in the general plan and listed in the Fehr and Peers Technical Appendix, dated July 2020, included as Appendix D of the “City of Roseville 2035 General Plan Update Final Environmental Impact Report,” adopted by the Roseville city council on August 5, 2020. Said capital improvement program is on file in the office of the director and the city clerk.
“Department”
means the department of development services.
“Director”
means the director of the department.
“Dwelling unit equivalents” or “D.U.E.s”
means the number of single-family dwellings to which a particular type of development or use is equivalent in terms of expected or estimated p.m. peak hour traffic impact.
“Dwelling unit equivalent rates or D.U.E. rates”
means multiplication factors used to convert a particular type of development or use to dwelling unit equivalents. D.U.E. rates shall be expressed as the number of D.U.E.s per unit of a particular use.
“Facilities”
means those public traffic and circulation facilities, improvements or infrastructure shown and included on the capital improvement program.
“Fee” or “traffic mitigation fee”
means the fee established by this chapter. The fee shall be collected prior to the approval and issuance of any building permit, or as provided otherwise in this chapter. The fee shall be used solely to finance the capital improvement program.
“Improvement plan”
means a site plan of property proposed for development showing all required improvements that must be approved by the city prior to the issuance of a building permit for the property.
“Infill area”
means that portion of the city not within the Amoruso Ranch, Creekview, West Roseville, Sierra Vista, North Roseville Phase 3, North Roseville 2 North, or North Roseville 2 South specific plan areas, nor within the North Industrial Area.
“Study”
means that certain document entitled “Transportation System Capital Improvement Program Traffic Mitigation Fee Update,” dated September, 2020. The study is on file in the offices of the director and city clerk.
“Traffic mitigation fund”
means that special interest-bearing fund established pursuant to Section 4.44.030.
(Ord. 2177 § 1, 1989; Ord. 2412 § 1, 1991; Ord. 2856 § 1, 1995; Ord. 3546 § 1, 2000; Ord. 5279 § 2, 2014; Ord. 5988 § 1, 2018; Ord. 6289 § 1, 2020)
Except as otherwise provided by this chapter, the fee imposed pursuant to this chapter shall be paid upon the issuance of any building permit for any development, project or building. Calculation of the fee shall be determined in accordance with the study and this chapter depending upon where within the city development occurs, the type of development and the extent of development.
(Ord. 2177 § 1, 1989; Ord. 2209 § 1, 1989; Ord. 2637 § 3, 1992)
The traffic mitigation fee for the various areas within the city, as defined in the general plan, shall be:
Area
Amount of Fee (per D.U.E.)
Southeast Roseville Specific Plan Area (Infill)
$5,776.00
Northeast Roseville Specific Plan Area (Infill)
$5,776.00
North Central Roseville Specific Plan Area (Infill)
$5,776.00
Northwest Roseville Specific Plan Area (Infill)
$5,776.00
North Industrial Plan Area
$7,719.00
Infill Areas
$5,776.00
Del Webb Specific Plan Area (Infill)
$5,776.00
Highland Reserve North Specific Plan Area (Infill)
$5,776.00
North Roseville Specific Plan Phase 1 (Infill)
$5,776.00
North Roseville Specific Plan Phase 2 North
$1,145.00
North Roseville Specific Plan Phase 2 South (Woodcreek West)
$1,145.00
North Roseville Specific Plan Phase 3
$1,145.00
Stoneridge East Specific Plan Area (Infill)
$5,776.00
Stoneridge West Specific Plan Area (Infill)
$5,776.00
Redevelopment Area (Infill)
$5,776.00
West Roseville Specific Plan—Fiddyment Ranch
$5,314.00
West Roseville Specific Plan—Westpark
$2,595.00
Sierra Vista Specific Plan (includes Westbrook)
$4,931.00
Creekview Specific Plan
$7,411.00
Amoruso Ranch Specific Plan
$5,226.00
(Ord. 2856 § 3, 1995; Ord. 3546 § 1, 2000; Ord. 4399 § 1, 2006; Ord. 5050 § 1, 2012; Ord. 5486 § 1, 2015; Ord. 5988 § 2, 2018; Ord. 6289 § 2, 2020)
The director shall determine D.U.E. rates for any development, project or building for which a building permit is issued. D.U.E. rates shall be based on the actual use proposed and shall consider trip generation and any other information deemed pertinent by the director. The rates shall be determined using generally accepted engineering practice and the best available information. The total fee charged shall be determined by the director and calculated by multiplying the D.U.E. rate for the particular use by the number of units or size of the development, project or building.
(Ord. 2856 § 3, 1995)
No fee shall be charged for already existing development or for projects which rebuild or remodel without increasing the trips generated, except as provided in this section.
A. 
Where the development or project changes to a different land use, it shall be charged the appropriate fee as provided by Sections 4.44.050 and 4.44.060, less any amount previously paid pursuant to this chapter.
B. 
Where the development or project expands or remodels the same land use, it shall be charged the appropriate fee as provided by Sections 4.44.050 and 4.44.060; provided, however, that the fee shall be calculated only as to that portion of the development or project which is expanded or remodeled. Where the fee is calculated based upon the number of dwelling units, no fee shall be charged unless at least one additional dwelling unit is added.
(Ord. 2177 § 1, 1989; Ord. 2856 § 1, 1995)
A. 
A developer of any project subject to the fee established by this chapter may apply to the director for a reduction or adjustment to the fee based upon the absence of any reasonable relationship or nexus between the impacts of the project and either the amount of the fee or the facilities to be financed by the fee. The application shall be made in writing and filed with the director not later than 20 calendar days after notification of the amount of the fee. The application shall state in detail the factual basis for the claim of reduction or adjustment and the amount of the proposed reduction or adjustment. The director shall consider the application and render his or her decision in writing not later than 45 calendar days after the filing of the fee adjustment request. Any person aggrieved by the decision of the director may, within 20 calendar days thereafter, appeal the decision in writing to the city council by filing an appeal with the city clerk. The city council shall consider such appeals within 45 calendar days after filing. The decision of the city council shall be final. No building permit shall be issued for the project until the final decision pursuant to this section has been made. No application for a project shall be considered final or complete for purposes of the Permit Streamlining Act (Government Code Section 65920, et seq.), or any other purpose, until a final decision pursuant to this section has been made.
B. 
Notwithstanding the provisions of subsection A, a project proponent or applicant may pay the fee “under protest” and receive a building permit; provided, however that the application for reduction or adjustment shall thereafter be filed within 10 calendar days or any objection shall be deemed waived. If a reduction or adjustment is received after payment pursuant this subsection is made, a refund to the applicant shall be made of that amount by which the fee is reduced or adjusted.
C. 
The project proponent or applicant applying for a reduction or adjustment shall have the burden of proof, by a preponderance of the evidence, that a reasonable relationship or nexus is lacking between the fee, or the facilities to be financed by the fee, and the particular project.
D. 
In the event of any reduction or adjustment in the fee granted pursuant to this section, any later change in the use, zoning, or land use designation for the property involved shall subject the then owner to payment of the then applicable fee for such new uses, zoning, or land use designation, whether or not a building permit is required.
(Ord. 2177 § 1, 1989)
The Construction Cost Index (CCI) inflationary fee adjustment shall become effective July 1, 2012. The fee established by this chapter shall be adjusted annually July 1st beginning on July 1, 2011 by a percentage equal to the adjustment rate for the prior year for construction costs as determined by the director in the preceding June. The director’s determination shall be based upon averaging the Construction Cost Index (CCI) for 20 cities and for San Francisco, as published in the Engineering News Record publication for the preceding 12 months ending in May. The resultant fee shall be rounded to the nearest dollar figure.
(Ord. 2177 § 1, 1989; Ord. 2412 § 1, 1991; Ord. 3546 § 1, 2000; Ord. 4739 § 3, 2009; Ord. 4854 § 3, 2010; Ord. 4947 § 3, 2011)
When the moneys in the traffic mitigation fund are disbursed for use, the fees shall be used to finance the facilities. To the extent sufficient fees are available, all facilities financed by the fees shall be constructed or acquired in accordance with the priorities established in the capital improvement program.
(Ord. 2177 § 1, 1989)
If any provision of this chapter or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect the other provisions of this chapter which can be given effect without the invalid provisions or its application, and to this end the provisions of this chapter are severable.
(Ord. 2177 § 1, 1989)